Stone v. Treasurer of Malden

This is a petition in equity brought by more than ten taxable inhabitants of Malden under G. L. (Ter. Ed.) c. 40, § 53, against the city treasurer, the members of the retirement board of Malden, and John M. Devir, to prevent the payment of a retirement allowance to Devir as a retired clerk of the street and water commission of Malden, on the ground that his length of service did not qualify him for retirement. Demurrers to the petition were sustained, and the petition was dismissed. The petitioners appealed from the final decree. Gibbons v. Gibbons, 296 Mass. 89.

The statute under which the…